This Agreement is concluded between SKY LADDER LLC, operating the global brand IQOPTION, with company number
ILLC 004 and having its registered address at the Colony House, 41 Nevis Street, Saint John’s, Antigua and Barbuda (hereinafter “Company”) on the one
part and the person (individual or legal entity), who has opened an
affiliate account (hereinafter “Affiliate”) on the other part.
The Parties agree that the place of conclusion of this Agreement is the
place of registration of the Company, namely Antigua and Barbuda.
Restriction
The Affiliate acknowledges and agrees that this Agreement cannot be
concluded with a citizen of Bangladesh, Burkina Faso, Iran, North Korea, a resident of Latvia, or with a person who
distributes the information about the services (including marketing
materials) of the Company to the residents of Latvia. The Parties have
defined a "Restricted" person as a person who is a citizen of
Bangladesh, Burkina Faso, Iran, North Korea, a
resident of Latvia, or a person who distributes the information about
the services (including marketing materials) of the Company to the
residents of Latvia.
If the Company identifies that the person who has concluded this
Agreement as an Affiliate falls into the definition of the Restricted
person mentioned in clause 2.1 above, the Company has the right to
terminate this Agreement immediately without any obligations of paying
any fees (including but not limited to the fees for already provided
services) and/or damages to the Affiliate. The Agreement shall be
considered as having been terminated from the moment of receiving the
notification from the Company. With the acceptance of this Agreement,
the Affiliate holds the Company harmless from any liability and/or
indirect losses of the Affiliate and/or his subcontractors and/or the
third parties involved by the Affiliate.
The object of this Affiliate Agreement
Affiliate undertakes to distribute information about services (including
marketing materials) provided by the Company and companies of its group,
and the Company undertakes to pay commission to the Affiliate in
compliance with the terms, established in this Affiliate Agreement.
A substantial provision of this Affiliate Agreement is the distribution
of information by the Affiliate in compliance with the provision of this
Affiliate Agreement and instructions, received from representatives of
the Company.
Account registration
In order to register an account, the Affiliate fills out the
registration form on the affiliate platform website
affiliate.iqoption.com
The Affiliate accepts the terms of this Agreement.
In case the Affiliate is a legal entity, they should also provide the
following documents to the Company for its registration by sending an
email to kyc.affiliate+en@iqoption.com:
certificate of incorporation;
certificate of shareholders;
certificate of directors;
a recent certificate of incumbency listing (1, 2 and 3) can be
accepted instead of the above;
certificate of good standing (only applicable to corporations
established more than 12 months ago);
memorandum and articles of association;
POA of a legal entity issued within the last 3 months - this period
can be extended to 6 months maximum at the discretion of the
Company;
POI and POA (issued within the last 3 months) for all directors,
beneficial owners, shareholders with a 10% share or more and
authorized signatories of a legal entity.
Payment procedure
For the revenue share payment models, the commission is calculated based
on one of the two remuneration offers chosen during the account
registration: “50% of profit for all traders” or “40% of profit for each
trader separately”. For the “50% of profit for all traders” offer, the
commission is calculated as described in p. 5.2. For the “40% of profit
for each trader separately” offer, the commission is calculated and
credited to the Affiliate’s balance as follows: -
After the deal is closed: 2.5% of the deal’s volume; -
At the end of each day: the difference between 40% of the broker’s
profit from the deals made by each attracted trader during the day and
the commission already credited for such deals. The commission is
payable only for the deals executed by the clients attracted by the
Affiliate and profitable to the broker, and may not exceed 40% of the
total amount of net deposits of each client. This applies to affiliates
registered on April 10, 2019, and later.
For the avoidance of doubt, the Company may change the conditions of the Affiliate’s remuneration offer at any time after the account registration at its sole and absolute discretion. Such amendments shall have an immediate effect and shall not require the previous consent of the Affiliate.
For affiliates registered before September 3, 2018, the commission is
calculated and credited to the Affiliate’s balance as follows:
- After the deal is closed: 2.5% of the deal’s volume;
- At the end of each day: the difference between 50% of the
broker’s profit from all the deals made by all attracted traders during
the day and the commission already credited for such deals. The
commission is payable only for the deals executed by the clients
attracted by the Affiliate and profitable to the broker, and may not
exceed 50% of the total amount of net deposits of clients.
For affiliates registered from September 3, 2018, to April 09, 2019, the
commission is calculated depending on the period passed since a trader
registered an account so that the total revenue share percentage equals
to: for the first month since the account registration - 70%, for the
second month - 57%, for the third month - 50%, for the fourth month -
35%, for the fifth month - 20%, for the sixth and all subsequent months
- 15%. In a case of inactivity which is defined by having less than 7
registrations and less than 4 FTDs for the last three months, the
revenue share percentage is changed to the following: for the first
month since the account registration - 70%, for the second month - 57%,
for the third month - 45%, for the fourth month - 30%, for the fifth
month - 15%, for the sixth to twelfth months - 10%, for all subsequent
months - 5%.
Notwithstanding the above, the Affiliates registered before September 3,
2018, and the Affiliates registered on April 10, 2019, and later who
have chosen the “50% of profit for all traders” offer are subject to
Standard and Advanced calculation rates. The Standard rate is the
calculation rate described in p. 5.2. The Advanced rate is applied to
the Affiliate account in a case of reaching 21 FTDs (first-time
depositors) over a period of the last 30 days and changes the commission
calculated and credited to the Affiliate’s balance for the traders
attracted during the period Advanced rate is active to the following:
- After the deal is closed: 2.5% of the deal’s volume;
- At the end of each day: the difference between 50% of the
broker’s profit from the deals made by each attracted trader during the
day and the commission already credited for such deals. The
Advanced rate eligibility check is performed daily for each Affiliate
account. The Advanced rate applies to the Affiliate account for a period
of 30 days and extends for every consecutive 30 days should the
conditions of obtaining it continue to be met. Should the Affiliate fail
to meet the conditions of obtaining the Advanced rate, the Affiliate
account is switched back to the Standard rate until such conditions are
met once again. The commission for traders attracted during the period
Advanced Rate was active is calculated in accordance with the Advanced
rate regardless of the current Affiliate’s calculation rate.
For the CPA payment model, the commission is calculated for each
attracted Unique Active Trader (as defined below) based on the Unique
Active Trader’s country of residence, type of the registration device,
and/or other criteria in accordance with the Affiliate’s Price
Set specified in the affiliate cabinet. For the avoidance of doubt, the Company may amend the Price Set at
any time at its sole and absolute discretion. Such amendments shall have
an immediate effect, shall not require the previous consent of the
Affiliate, and the Affiliate shall be responsible to keep himself
informed at all times for these amendments.
In order for a user/trader to be designated as a Unique Active
Trader, he must comply with all of the following: a) The user
must have been referred by the Affiliate (Referred User); b)
The Referred User has never applied to register, never registered
before for and/or does not currently maintain a trading account with
IQ Option (New User); c) The New User completed successfully
his registration for an IQ Option trading account in accordance with
the Terms & Conditions; d) The New User is not a Connected
Person (as defined below); e) The New User made a first-time
deposit of at least a minimum amount as specified by IQ Option from
time to time (FTD), following the trading account registration; f)
The New User is designated as an Active Trader if he accumulates
enough value points under the Company’s software system by his
Activities (as defined below) (System). The System filters certain
activities and actions performed by a user through his trading
account; such activities include but are not limited to trading,
depositing, navigating the Platform, using trading indicators,
watching tutorial videos, etc (Activities). Each Activity carries
value points according to its nature and in combination with the
performance frequency of an Activity; the System allocates such
value points to the user and, when a user accumulates enough value
points, the System automatically designates him as an Active Trader.
For the avoidance of doubt, and notwithstanding any other provision
contained herein, neither the Affiliate nor any other person
associated (either directly and/or indirectly with the Affiliate)
including any member of the Affiliate’s family, any legal person (of
any form or manner) whether incorporated or not, whether directly or
indirectly controlled, controlling or under common control with the
Affiliate, shall be eligible to be treated as a Unique Active Trader
(Connected Person). If any such person has been registered by the
Affiliate under the Agreement, the Affiliate agrees and accepts that
the Affiliate shall not be eligible to receive any commission or
payment.
The currency of the Affiliate account to be maintained with the Company
shall be designated in USD and any Affiliate commission payouts shall be
calculated and presented in USD. Payouts of Affiliate commissions shall
be made by the Company to the Affiliate through any payment method
indicated in the Affiliate’s account and/or by way of any type of
instrument/currency of equivalent USD value upon conversion (Payment
Method). For Payment Methods conducted in EUR, the exchange rate for the
conversion is equal to the most recent EUR/USD reference rate made
available by the European Central Bank at the time of processing the
payment. The Company shall be able, upon its sole discretion and as it
deems fit from time to time, to opt for any Payment Method for the
settlement of any Affiliate commission/payout. The Affiliate shall
provide the Company with all relevant details, banking or otherwise, for
the purpose of effecting the Affiliate commission payouts (Payment
Details). The Affiliate irrevocably accepts the use of any Payment
Method by the Company and such acceptance is signified by the provision
of relevant Payment Details.
The Affiliate acknowledges and accepts that the Company shall treat as
accurate and true and shall fully rely on the Payment Details. Payments
made by the Company to the Affiliate by way of any Payment Method and
based on the Payment Details shall constitute full and unequivocal
satisfaction of the obligations of the Company in terms of payment of
any Affiliate commission/payouts.
Affiliate acknowledges, represents and warrants to the Company that all
Payment Details made available from time to time, to the Company shall
be accurate, correct and up-to-date and that it shall exclusively bear
the responsibility to inform the Company in case of any changes that
would affect any payments due hereunder.
In order to receive a payment, the Affiliate has to have a verified
account and no less than 5 active traders over the period of
affiliation. The number of active traders can be seen in the General
Stats section. For the revenue share payment models, an active trader is
defined as a user who has conducted at least one transaction after
making a deposit; for the CPA payment model, an active trader is defined
as specified in p. 5.5.1. All accumulated funds on Affiliate’s balance
will be remunerated on the next payment date after meeting the
requirement of having at least 5 active affiliated traders on the
account. The minimum payable commission amount is $10.
Affiliate commission for unregulated traders is credited to the
non-regulated balance; affiliate commission for regulated traders,
registered on August 6, 2018, and later, is credited to the regulated
balance; to be eligible for payments from the regulated balance, the
Affiliate is required to verify account for EEA countries.
The commission is paid twice a month.
Within 3 business days after the 10th of each month;
Within 3 business days after the 25th of each month.
When the commission, as calculated in the manner as described in this
Agreement, becomes payable, it shall be paid in the frequency specified
above, either directly from the Company or by any third party on behalf
of the Company, upon the Company’s discretion. A payment that is
executed in any of the aforementioned ways shall discharge the Company
of its obligations in relation to the payment of the commission.
Notwithstanding any other provision of the Agreement, in the event that
any activity in the Affiliate Account, or in any account which appears
to be controlled or managed by the Affiliate is reasonably deemed
suspicious in any way by the Company in its sole discretion, the Company
may in its absolute discretion, delay payment of the commission to the
Affiliate for up to one hundred and eighty (180) days in order to look
into and verify the suspicious activity.
Authority and liabilities of the Parties
The Company bears no responsibility for the activity or inactivity of
the Affiliate.
The Company bears no responsibility for a failure to fulfill its
obligations due to disruptions of communication lines, technical
problems of the Internet service provider, and/or other technical
problems.
The Affiliate is responsible for the safety of their passwords and
payment information.
The Affiliate guarantees that all their personal information provided to
the Company is true, accurate, and up to date.
The Affiliate undertakes to provide the Company with a complete list of
their traffic sources for the mandatory moderation procedure, undertakes
to update this list in case of adding new traffic sources, and
guarantees to use only the traffic sources approved by the Company.
The Affiliate guarantees that their actions in accordance with this
Agreement do not violate laws, legal acts and other rules and
regulations, applicable to the Affiliate or within the jurisdiction of
the Affiliate.
The Affiliate is responsible for the payment of taxes he is subject to
in the state of his tax residency.
The Company reserves the right to withhold an account verification for
the regulated and/or non-regulated traffic without explanation.
The Affiliate undertakes to:
Provide colored scanned copies of an identity document and a residence
verification document via e-mail kyc.affiliate+en@iqoption.com in a case when the affiliate wishes to promote the Company for EU
residents or upon receiving a request for provision of such documents
from the Company. Residence verification documents are the following: a
utility bill, a bank statement, or a government correspondence. In case
of non-provision of these documents, the Company reserves the right to
suspend payments to the Affiliate until the provision of necessary
documents.
In case the Affiliate is a legal entity, it should provide
scan-copies of the documents mentioned in clause 4.3. of this
Agreement via e-mail kyc.affiliate+en@iqoption.com. In case of non-provision of these documents, the Company also
reserves the right to suspend payments to the Affiliate until the
provision of necessary documents.
Notify the Company of any changes to their personal and/or financial
information by sending an email to kyc.affiliate+en@iqoption.com.
Provide true and accurate data.
Provide exclusively true, accurate, clear, and up-to-date information on
his websites and in marketing advertisements/publications and other
sources.
Not register and/or use a domain name that contains IQ Option brand name
(including any derivatives and misspellings) or could mislead clients
into believing that their website is the official IQ Option website
unless explicitly authorized by the Company.
Clearly identify his website/blog for the visitor as an unofficial
website of the IQ Option company. This is to be clearly indicated on the
first screen of the home page in a font that is not smaller than the
main font of the page.
Use only the promotional materials provided in the personal account of
the affiliate program for marketing purposes; regularly update them or
replace them with up-to-date ones upon request of representatives of the
affiliate program.
Use a warning about risks in case of describing potential profit to the
client. A risk warning should be in bold, not obscured by its colour or
tried to be hidden among pictures – a risk warning should be clearly
legible to all clients and draw a reader’s eye to it. Moreover, a risk
warning should be located not lower than legal/contact information.
Equally describe advantages and drawbacks of the financial instrument.
Not give guarantees or make promises on behalf of the Company.
Indicate Company’s licenses exclusively as a fact, rather than in terms
of approval of the Company’s activity.
In case of comparison with another service/broker to use only true
information and indicate reliable sources.
In case of demonstration of the behavior of one of the assets and
trading with it, indicate the precise time of such behavior and clearly
define that the information belongs to the past and may not bring the
same results in present or future.
In case of using any information for forecasting future behavior of
financial instruments base exclusively on verified information and warn
users about the fact that such forecasts are not a reliable indicator
and not a guarantee of profit.
Produce marketing materials and information designed for users from the
EU in compliance with requirements of the Cyprian regulator CySEC.
To comply with the regulation of the respective representative of the
Company in relation to the content of marketing materials and
information;
Free the Company of responsibility and/or sanctions applicable to the
Company in relation to the failure of the Affiliate to fulfill his tax
obligations.
Not use any tactics that would encourage a prospective client to deposit
or trade more than they plan to deposit or trade once the account is
opened, in cases when the Affiliate has contact with prospective clients
before opening an account. Any identification by the Company of the use
of aggressive marketing by Affiliates may provide cause for the closure
of that Affiliate's account.
Official IQ Option Affiliate marketing
guidelines
Options, Forex, and CFD trading is a regulated activity; as a
consequence, all your promotional materials must be fair, not
misleading, clear, and comply with these marketing rules.
All statements must be balanced; therefore if you mention potential
profits you must always also mention potential losses. When
promoting IQ Option, do not promise that one can learn trading
easily or profitably with IQ Option unless you are specifically
referring to the demo account. Avoid using terms such as
“win/make/earn money”, “start your trading career”, or “make an
income”, as well as other similar terms.
Affiliates are not allowed to publish materials or use phrases
stating that trading is easy and exciting. Additionally, implying
that trading leads to success, a change in lifestyle, financial
freedom or any other unwarranted benefit is prohibited. Do not use
any visual reference to money (cash, credit cards, notes and coins).
Options, Forex and CFDs are complex products and are not suitable
for everyone. Ensure your promotional materials do not imply that IQ
Option’s products are easy to understand/use and accessible to
everyone.
Do not advertise IQ Option as “work from home”, “making
easy/guaranteed money” or other unwarranted claims or misleading
statements, as such promotion would not emphasize the high risk
involved in trading options, Forex and CFDs, and would interfere
with the integrity of IQ Option.
Affiliates are only permitted to promote IQ Option via web pages, ad
campaigns, or other sources which have been reviewed and approved by
IQ Option’s personal or compliance managers.
IQ Option Europe Ltd. is authorized and regulated by the Cyprus
Securities and Exchange Commission only. When promoting IQ Option,
do not mislead potential clients and/or clients into believing that
the company is authorized by any other regulatory body.
When mentioning CySEC License for users, Affiliates have to ensure
that this information is available only for European users. In case
this information could be seen by others, the following has to be
mentioned: IQ Option Europe Ltd. is registered in Cyprus, and is
regulated by CySEC. SKY LADDER LLC is registered at Antigua and Barbuda, this entity is not regulated.
Do not advertise IQ Option on a website or a webpage that
exclusively offers trading signals, social trading, copy-trading,
auto-trading, robots, investment advice, or portfolio management
services.
In case the Affiliate uses contact forms, comments sections,
newsletters, live chats, or any other form of direct and private
communication between the Affiliate and a client/prospective client,
the Affiliate undertakes the responsibility to act in good faith at
all times and must not make any false or misleading statements with
respect to the Company and/or the services provided by the Company
and/or engage in any other practice which may go against the best
interest of the client and may affect adversely the image and
credibility of the Company.
In a case when a Facebook or another social network page (including
YouTube) is used for promotion, such social network pages can be
accepted as a traffic source only if these pages are not promoting
the Company directly but instead promote a website which is used as
a traffic source itself. An exception can be made at the
Company's discretion.
Depending on the countries where the majority of your traffic comes
from, all promotions and invitations to open an account
(registration links) must include the relevant Risk Warning. Ensure
the RW is clearly readable, visible, and of appropriate size.
Non-regulated countries
You can use a long Risk
Warning in case it is visible on each screen of the page: General Risk Warning: The financial products offered by the
company carry a high level of risk and can result in the loss
of all your funds. You should never invest money that you
cannot afford to lose. Or you can use a short RW: RISK WARNING: YOUR CAPITAL MIGHT BE AT RISK under each link or button to IQ Option together with a
long Risk Warning at the end of the page or review.
Regulated countries and mixed traffic
Following Risk
Warning must be used: CFDs are complex instruments and come with a high risk of
losing money rapidly due to leverage. Between 74-89% of retail
investor accounts lose money when trading CFDs. You should
consider whether you understand how CFDs work and whether you
can afford to take the high risk of losing your money.
Whenever Binary Options are mentioned, it should be
clearly stated that IQ Option Europe Ltd. does not provide nor
promote binary options to retail traders from Europe.
Additionally,
the following warning must be present: Binary options are not promoted or sold to retail EEA
traders. If you are not a professional client, please leave
this page. In case a full warning cannot be added due to a limited
amount of space, use the short one instead: Binary options are prohibited in EEA
Do not refer to a bonus when mentioning IQ Option as the company
does not offer bonuses.
Whenever mentioning a potential profitability percentage (payout),
you must always include an asterisk next to the percentage and add
the following statement “*amount to be credited to the account for a
successful trade”.
Materials should not include information regarding strategies that
indicates them as trading strategies (e.g. “the Martingale trading
strategy”). Instead, if you use information based on strategies, you
should call it a “trading pattern” and this material should contain
the following risk disclaimer: “Your capital may be at risk. This
material is not investment advice”.
All videos must contain the following risk warning that is visible
throughout the entire duration of the video: “RISK WARNING: YOUR
CAPITAL MIGHT BE AT RISK”. If you are recording a trading session,
do not use the word “strategy”, do not give investment advice, and
add an additional warning: “NOTE: THIS VIDEO IS NOT AN INVESTMENT
ADVICE”.
In a case when the Affiliate promotes the Company to citizens of
Poland and/or publishes content in the Polish language, any sort of
direct communication between the Affiliate and a Polish potential
client is prohibited.
The following practices are not tolerated for the Affiliate who
is likely to target Polish citizens as they provide a mean for
direct communication: cold e-mailing; use of live chat; use of
registration systems or feedback forms where the Affiliate would
obtain a potential client’s contact details; allowing
prospective clients to contact the Affiliate through an e-mail
address noted on the Affiliate's website; cold calling; any
other method of direct communication.
Leverage restrictions apply to European traders, which should be
reflected in the marketing materials:
30:1 for major currency pairs (i.e. currency pairs composed of
any two of the following currencies: US dollar, Euro, Japanese
yen, Pound sterling, Canadian dollar or Swiss franc);
20:1 for non-major currency pairs, gold;
10:1 for commodities other than gold;
from 20:1 to 5:1 for indices;
5:1 for stocks and ETFs;
2:1 for cryptocurrencies.
Additionally, the Affiliate is prohibited from:
Using spam of any kind for attracting clients.
Opening and/or accessing trade accounts (including without
limitation of active users) and affiliate accounts from one IP
address and/or by his affiliate links, as well as allow/offer
relatives, friends, and other people he knows to register by his
links or do so himself on their behalf.
Attracting clients via private communication, i.e. private messages
in social networks or messengers, personal emails, phone calls, or
face-to-face communication.
In the case of doorways, it is forbidden to use persons' names and
brand names of other companies as keywords. Unrelated to IQ Option
traffic is prohibited. Doorways are accepted with approved
pre-landings only.
Buying advertising using affiliate
links. Search and display contextual advertising is allowed to be
used only by promoting Affiliate’s own websites in accordance with
all of the following criteria: -
The website domain name must not include the IQ Option brand name,
its derivatives, misspellings, or any other names that can be
confused with the IQ Option brand name.
- IQ Option brand queries must not be used: iq
option/iqoption/iqoption. com/iqoption com/iq-option, as well as any
derivatives or mistakenly spelled phrases. Besides that, it is
prohibited to buy advertising for the word “option” together with
the word “iq” in the language of the country of advertising. The
list of negative keywords to be excluded from targeting can be found
in the Negative keywords section. - The website must
contain the relevant content of its own and not copy the content
from the IQ Option landing pages.
An Affiliate found in violation of brand bidding rules becomes
subject to penalty charges. The first detection of the prohibited
activity will lead to a removal of all registrations made in the
past week and all subsequent days until the ad is deleted, and a
deduction of the commission credited for these registrations. This
applies to all the Affiliate’s accounts if they have more than one.
The second detection of the prohibited activity will lead to a
removal of all registrations made in the past two weeks and all
subsequent days until the ad is deleted, and a deduction of the
commission credited for these registrations. After the third
violation, all registrations for the past 30 days and the following
days until the ad is deleted will be removed, and the commission
credited for these registrations as well as an additional $1000 will
be deducted from the Affiliate’s balance. The fourth detection will
result in a lifelong ban and immediate termination of all the
Affiliate’s accounts. The use of the IQ Option brand name is allowed
in the ad text only. Should the Company have reasonable grounds to
believe that the Affiliate intentionally keeps violating these rules
after receiving a warning at least once, all of the accounts of such
an Affiliate are subject to immediate termination.
Comparing IQ Option with other brands in the ad text or
unjustifiably showing other brands in a bad light, as well as any
other unauthorized use of any third-party copyrights or trademarks.
The brands from the brand names list have to be added to the negative keywords.
Using the trademarks of other third parties and (or) any Third
Party IP in an unfair and/or illegal manner for the purposes of
this Agreement, including without limitation to use trademarks in
any way so as to indicate and/or imply that there is any kind of
association with and/or endorsement of IQOPTION by any such third
parties.
Attracting traffic from countries prohibited by the Company and
conducting marketing activity in the prohibited regions. We accept traffic from all the countries and territories, excluding Afghanistan, Albania, American Samoa, Australia, Belarus, Belgium, Canada, the Czech Republic, Comoros, Crimea, Cuba, Democratic Republic of the Congo, Donetsk and Luhansk People’s Republics, Eritrea, Ethiopia, Guam, Haiti, Iran, Israel, Japan, Latvia, Libya, Mali, Myanmar, North Korea, Palestine, Portugal, Republic of Abkhazia, Republic of South Ossetia, Russia, Spain, South Sudan, Sudan, Switzerland, Syria, Transnistria, Ukraine, the United Kingdom, the USA, Vatican, and the U.S. Virgin Islands.
Advertising Binary Options and Digital Options in the following
countries: Austria, Belgium, Bulgaria, Croatia, Republic of
Cyprus, Czech Republic, Denmark, Estonia, Finland, France,
Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia,
Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway,
Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden.
Offering clients to register by your affiliate link for compensation
or for any kind of profit.
Publishing false information in order to attract more clients or
misleading clients.
In the case of Facebook, it is forbidden to use fraudulent schemes
when buying advertising on the company's brand. Purchasing ads for
pages that may appear to the user as IQ Option pages is prohibited.
Creating and maintaining these pages is considered a violation. The
only permitted way to work with Facebook is to keep a page of your
own resource that is not similar to the resources of the IQ Option,
and purchase advertisements for this resource.
Allowing in any way, any referred user, prospective client, and/or
active user to access the Company’s platform from the same IP
address and vice-versa.
Attracting clients through the use of fraudulent means of traffic generation, as determined solely by the Company. For the CPA payment model, any motivated and/or incentive traffic is not subject to payments.
For the mobile traffic, in case of a suspicion of fraudulent activity, the criteria taken into consideration include but are not limited to the following:
Fraud traffic rate, as indicated by the mobile marketing analytics and attribution platform used by the Company;
Conversion rate from click to install;
Conversion rate from install to registration.
Agreement Termination and Block of Affiliate Account
Without affecting any other right or remedy available to it, either party may terminate this Agreement at any time, after providing the other party with at least 30 days’ written notice (via email). During the notice period, the Company will have the right to block any campaign activity of the account. The Affiliate will need to take all appropriate steps via its account, in order to verify any payments that may be eligible to be paid to it during the notice period. If the Affiliate fails to do so, the Company will bear no responsibility for any amounts not paid to the Affiliate.
In the event that the Company has reasonable suspicion to believe and/or
in case of detection of violation of rules and/or guidelines specified
by this Agreement, as well as in case of any indications of fraud when
conducting financial transactions after the attracted client has made a
deposit, the Company reserves the right to cancel this transaction and
suspend the flow of funds on the Affiliate’s account. In this case, the
accrued Affiliate commission shall be annulled and not payable to
Affiliate. The Company reserves the right to block Affiliate’s account
in case of misuse and for the reasons described in this clause 9, the
effect of which would be the termination of the business relationship
with the Affiliate under this agreement.
The Affiliate understands and accepts that upon the termination of this
Agreement and/or block of an Affiliate account:
The Affiliate shall immediately and without undue delay stop sending
traffic and/or providing the services in relation to this agreement,
as the case may be. The Affiliate shall take all necessary steps to remove any affiliate links and/or material which it made available either offline or online via any traffic sources, social media accounts or otherwise. If the Affiliate fails to do so and the Company keeps receiving traffic from such links, the Company shall not be liable to pay any commission to the Affiliate for any traffic directed to it following the termination of the agreement;
It is not the responsibility nor the obligation of the Company to disable and/or remove any affiliate links;
Such termination or block shall subject to any other provisions of
the Agreement, be without prejudice to any outstanding or accrued
obligations the Affiliate has vis-à-vis the Company;
Any authorization or powers of attorney or any rights granted by the
Company to the Affiliate shall be automatically terminated and
withdrawn;
Any authorization or powers of attorney or any rights granted by the
Affiliate to any client/user shall be automatically
terminated;
All and any active user of the Company which was referred by the
Affiliate, in the sole discretion of the Company, remain as
registered clients of the Company, irrespective of the termination
of this agreement and/or block of the Affiliate account;
It shall immediately return to the Company all documents, brochures,
all reports, and any other material in the Affiliate’s possession
including but not limited to the registered domain names and/or any
other information relating to the services provided by Affiliate
under this agreement.
Copyrights and trademarks
The Company is the owner of all intellectual property rights on and
throughout the website as well as the material on it including any
copyright, database right, and trademarks. Any such right not belonging
to the Company belongs to third parties and is protected by copyright
laws and treaties around the world. All such rights are reserved.
All copyright, database rights, trademarks, and any other intellectual
property rights of the Company in the content of and/or throughout the
website, belong to the Company or a third party, including without
limitation to licensors of the Company. The material and content on the
website (in whatever form it exists), may or may not be identified by a
symbol and they include but are not limited to designs, photographs,
graphics, drawings, text, etc. The lack of any such symbol should not be
understood as meaning that the name, term, or data is not the
intellectual property of either the Company or any third party or any
licensor of the Company.
IQOPTION (in word or stylized forms) has been registered
internationally.
The use of the word IQOPTION and/or any trademarks or intellectual
property rights (as referred to in this paragraph 10.1), without the
Company’s express and written pre-approval, is strictly prohibited in
all ways. Such prohibited acts include but are not limited to copying,
duplicating, presenting in public, altering, advertising, broadcasting,
transferring, selling, or delivering trademarks or intellectual property
rights, in whole or in part to any third parties, distributing,
including by publishing on the Internet, or making any commercial use of
the trademarks/intellectual property rights, in whole or in part.
Any reference, presentation, and/or use on the Website of trademarks
and/or any intellectual property rights which are not owned by the
Company but are owned by other third parties (Third Party IP) is fair
since their usage is limited to (a) descriptive and informative purposes
and at no time as part of the Company’s Services, and (b) the minimum
necessary. Such Third-Party IP is on the Website only for informative
purposes, to provide a simple description of the service/goods of the
particular third party and of the use of such service/goods by the
Company within the context and for the purpose of performing its
obligations under this Agreement for the provision of the
Services.
The Affiliate has full control for its actions and therefore
acknowledges that it has and undertakes full responsibility for the
content and nature of its actions and/or omissions in relation to any
unauthorized use of the Company’s trademarks, intellectual property
rights, and/or any Third Party IP including for any actions in breach of
this clause 10.
The Affiliate undertakes at all times, to protect IQOPTION from any
disputes, claims, expenses, losses that may arise both, directly and
indirectly, due to breach of this clause by the Affiliate.
Confidential & Personal Data
For the purposes of this section, the following definitions shall apply:
Data Protection Legislation: the applicable legislation with
regards to the protection of personal data and the General Data
Protection Regulation ((EU) 2016/679) (“GDPR”), any other directly
applicable European Union regulation relating to privacy and/or the
Data Protection Act (DPA) and any other local legislation of St. Kitts and Nevis, as applicable.
Personal data,or personal information, means any information about an individual from which that person
can be identified. It does not include data where the identity has
been removed (known as “anonymous data”).
Affiliate hereby undertakes and confirms to the Company that it shall at
all times:
Comply with its obligations under applicable Data Protection
Legislation with respect to any processing of Personal Data that
will be undertaken within the context of this Agreement;
At its own expense, ensure that it complies with and provides any
assistance that may be required to the Company to comply with the
requirements of Data Protection Legislation and regulatory
requirements in force from time to time relating to the use of
personal data, including, without limitation, (a) the GDPR, and (b)
any national implementing laws, regulations, and secondary
legislation.
The Company has the right, without prior notice to the Affiliate, to
disclose and/or consent to the disclosure of personal data, including
without limitation to the data provided hereunder, any data connected to
confidential information and/or details of the transactions of the
Affiliate (i) in order to comply with the requirements of the regulatory
authorities of St. Kitts and Nevis, Antigua and Barbuda and/or Cyprus (as it may be
applicable) and/or (ii) to banks and other financial institutions, to
its auditors/consultants, companies belonging to the group of companies
the Company belongs to, the Company’s affiliated companies, and/or to
any other company which may be directly or indirectly controlled by the
Company, for the purpose of facilitating the performance of this
agreement, provided that they are informed and committed to the
confidentiality of the information communicated. All the Affiliate’s
personal data shall be processed in strict compliance with the
provisions of the Data Protection Legislation.
The Company will handle all personal data provided under this Agreement,
according to the relevant laws and regulations for the protection of
personal data.
The Company, through the involvement of another legal entity, collects
and processes personal data of natural person connected with the
Affiliates, including without limitation to the data requested under
paragraphs 4.3 and 7.1 hereof, solely for the purposes of this
Agreement and of the requirement of applicable laws and/or regulations.
The Affiliate hereby represents and warrants, and the Company hereby
relies on such representations and warranties, that the consent of any
natural person (directors, ultimate beneficial owners, shareholders,
and/or authorized signatories of an Affiliate being a legal entity) of
whose personal data has been submitted to the Company, has been freely
provided and that any such natural person is well informed and consents
to the disclosure provisions of paragraph 10.4 of this Agreement.
Subject to paragraph 10.2, the Parties agree to keep confidential and
not to disclose to any third party any confidential information given by
the other Party under this Agreement including without limitation the
information to be provided under paragraphs 4.3 and 7.1 of this
Agreement and/or all communication, documentation or other information
exchanged between them, both during the term of the Agreement as well as
after its termination.
The Affiliate acknowledges and accepts that it/she/he has read and
accepted the Privacy Policy which can be found on the Company’s website.
For the purposes of this paragraph, the term Client in the Privacy
Policy shall be read to include the term Affiliate.
The Company has the right to change, add, rename or leave unchanged any
section, paragraphs, and subparagraphs of this Agreement without prior
notice to the Client about such changes. In case of violation of any of the
Affiliate’s obligation in accordance with this Affiliate Agreement, as well
as if the Company makes a decision on the inexpediency of continuing further
cooperation with the Affiliate according to the Affiliate Agreement, the
Company has the right to terminate the Affiliate Agreement and to notify the
Affiliate immediately about it in any way without compensation of losses and
without making any payments, including payments for distributing information
about the Company.
In some cases, upon the Company’s decision, the Company can pay the
Affiliate's profit even after a unilateral termination of the Affiliate
Agreement with such Affiliate.
Assignment
The Company may at any time assign, subcontract, delegate, sub-license,
or deal in any other manner in whole or in part the Agreement or any of
its rights or obligations hereunder determined.
Affiliate shall not assign, transfer, mortgage, charge, subcontract,
delegate, declare a trust over or deal in any other manner with any of
its rights and obligations under this agreement, without the prior
written consent of the Company.
Arbitration
Claims for lost revenues will not be considered;
The Company does not compensate for moral damages;
Time of consideration of claims is 15 working days or less;
In case a dispute is not specified in this Agreement the Company makes
the decision based on relevant practice;
The Agreement and any dispute or claim (including non-contractual
disputes or claims) arising out of or in connection with it or its
subject matter or formation shall be governed by, and construed in
accordance with, the laws of Saint Kitts and Nevis.
Any dispute, controversy, or claim arising out of or relating to the
Agreement, or the breach, termination, or invalidity thereof, shall be
settled by arbitration in accordance with the laws of arbitration of Saint Kitts and Nevis, as amended from time to time, and the
provisions of which are deemed to be incorporated herein by reference.
The decision of Saint Kitts and Nevis arbitration shall be
binding upon both parties. If the parties fail to agree on the
appointment of an arbitrator within 7 clear days, then the competent
appointing authority of Saint Kitts and Nevis shall appoint the
arbitrator.
The number of arbitrators shall be one.
The seat or legal place of arbitration shall be the City
of Basseterre.
The language to be used in the arbitral proceedings shall be
English.
You are granted limited non-exclusive non-transferable rights to use the IP provided on this website for personal and non-commercial purposes in relation to the services offered on the Website only. Registering with us, you accept the Affiliate Agreement and Privacy Notice